DISCLOSURE AND BARRING SERVICE (DBS) POLICY

Transcription

1 DISCLOSURE AND BARRING SERVICE (DBS) POLICY Article 19 (protection from violence, abuse and neglect) Governments must do all they can to ensure that children are protected from all forms of violence, abuse, neglect and bad treatment by their parents or anyone else who looks after them. Article 34 (sexual exploitation) Governments must protect children from all forms of sexual abuse and exploitation. 1.0 INTRODUCTION 1.1 At Glebe Primary School we are committed to safeguarding and promoting the welfare of pupils and expect all staff and volunteers to share this commitment. At Glebe we follow nationally recommended safeguarding children practices, specifically safer recruitment practices designed to maintain a safe culture. 1.2 The school uses the Disclosure and Barring Service (DBS) a checking service to help assess the suitability of applicants for positions of trust. Glebe Primary School complies fully with the Code of Practice regarding the correct handling, use, storage, retention and disposal of certificates and certificate information. 1.3 The school also complies fully with its obligations under the Safeguarding Vulnerable Groups Act 2006 as amended by the Data Protection Act 2012, in using the disclosure and barring systems to make safer recruitment decisions by identifying those who may be unsuitable for certain work particularly work involving vulnerable groups, including children. 1.4 This policy should be read in conjunction with the DCSF Document Safeguarding Children and Safer Recruitment in Education which came into force 1st January 2007; HR Briefing 9 Recruitment and Selection Guidance for Schools (Including Model Policy) and the Disclosure and Barring Service (DBS) Code of Practice and Explanatory Guide. 2.0 THE ROLE AND RESPONSIBILITIES OF STAFF 2.1 The Headteacher will ensure that:- the requirements to undertake DBS Disclosure checks and DBS Barred List checks are met, no-one unsuitable to work with children is knowingly permitted to do so, all school staff read the policy and are aware of its contents, the Disciplinary Procedures are followed if anyone in the school is alleged to have behaved inappropriately towards children. 2.2 All staff are required to:- inform the Headteacher or line manager immediately if they are subject to a police arrest, a criminal conviction, caution, ban, police enquiry or pending prosecution. Failure to do so may lead to disciplinary action being taken, ensure that any inappropriate behaviour within school towards pupils is reported immediately to the Headteacher, Designated Teacher or Line manager or where concerns relates to any of these individuals, to the Local Authority Designated Officer (LADO) 1

2 3.0 REQUIREMENTS REGARDING DBS DISCLOSURE AND DBS BARRED LISTS CHECKS 3.1 All individuals over the age of 16 years including: - school staff, supply and casual workers, volunteers, governors, agency workers, contractors (including work experience providers, and consultants) working in a position which meets the definition of regulated activity must be subject to an Enhanced Level DBS Disclosure check and DBS Barred List check. 3.2 Where a position does not meet the definition of regulated activity a check against the DBS Barred Lists cannot be carried out for legal reasons. However the Headteacher can exercise discretion as to whether an Enhanced DBS Disclosure check is required for such a position. In these circumstances a risk assessment will be undertaken to determine whether an enhanced DBS Disclosure check should be carried out. The results of the risk assessment will be recorded along with the reasons for the decision reached. 3.3 Whilst all efforts will be made to obtain a DBS Disclosure check before an individual commences work, a successful candidate can, at the Headteacher s discretion, be allowed to commence work prior to a satisfactory disclosure certificate being received. In such instances, an enhanced DBS Disclosure check must have been initiated, evidence of identity checked and written risk assessment undertaken by the Headteacher or representative and appropriate control measures put in place. 4.0 TYPES OF CHECKS 4.1 All staff and volunteers employed in the school require an enhanced disclosure (including the children s barred list check) as the work is deemed to be a regulated activity (see below); the enhanced disclosure will include information held on the Disclosure and Barring Service barred list. 4.2 The full lists of the different types of checks are: Enhanced Disclosure (including the barred list check) if the job involves regulated activity (see below) the enhanced disclosure will include information held on the Disclosure and Barring Service barred lists. Enhanced Disclosure (excluding the barred list check) an enhanced disclosure contains the same information as a standard disclosure but also includes any no conviction information held by local police, where they consider it to be relevant to the post and where this is thought necessary in the interests of preventing or detecting crime. Standard Check where the post or office is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, for example, Accountant or Solicitor. Standard DBS checks show details of both spent (old) and unspent (current) convictions including cautions, reprimands and warnings held on the Police National Computer. 5.0 THE NEW DEFINITION OF A REGULATED ACTIVITY 5.1 The full definition of Regulated Activity is set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 (as amended). It still excludes activity carried out in the course of family relationships, and personal, non-commercial relationships between two people living in the same household who treat each other as family. Definition of Regulated Activity relating to Children includes those who provide: Unsupervised activities - teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children (if done regularly); Work for a limited range of establishments with opportunity for contact e.g. schools, children s homes, childcare premises (if done regularly but not work by supervised volunteers); Relevant personal care e.g. washing or dressing, or healthcare by or supervised by a professional (even if done once); Registered child minding and foster carers. 2

3 6.0 POSTS IN SCHOOLS DEFINED AS A REGULATED ACTIVITY 6.1 School Appointments The following posts are identified as a regulated activity and require an Enhanced Disclosure (including a barred list (list 99) check). The enhanced disclosure will include any information held on the Disclosure and Barring Service barred lists: Teachers (including NQTs and Unqualified Teachers) All support staff employed directly by the school Agency staff e.g. supply teachers, support staff, administrative etc. Volunteers i.e. parents or governors wanting to undertake volunteer work and any other volunteers Students on extended work related learning in another school or nursery (over 15 days) 6th formers and younger students on regular community work e.g. helping with a football club Invigilators Interpreters After school club staff (Where there is a third party ensure that there are clear lines of accountability and written agreements setting out responsibilities for recruitment and vetting of staff and volunteers) Self-employed staff e.g. sports/drama/music etc. (Ensure there is a written agreement in place to include appropriate health & safety checks are in place and ensure that child protection training has been undertaken) 7.0 LOCAL AUTHORITY AND AGENCY APPOINTMENTS 7.1 The following posts which are identified under regulated activity and are recruited to and directly employed by Harrow Council or an Agency will be DBS checked by the Authority or relevant agency (please refer to section 16 Agency Workers) Home & Hospital Teachers Counsellors and Therapists Music Teachers Psychologists Social Workers Cleaning/site management/grounds staff Cycling proficiency trainers Road Safety Officers 7.2 It is sufficient, for schools to seek written confirmation that appropriate DBS checks have been carried out and by whom, and to confirm the identity of these visitors. It is not necessary (or practicable) to require a date for such checks. Written confirmation may be in the form of a letter or public statement on the employing organisations/agency website as in the case with Ofsted. The Head Teacher should be provided with written confirmation from the Local Authority or Agency, that appropriate checks have been completed and visiting officers may be required to provide that written confirmation. 7.3 Where an employee begins work with a DBS application in progress the school should ensure that children are not left unsupervised around that person until notification of satisfactory DBS is received. Please see (Appendix 4) for guidance on when you should request a DBS certificate. 8.0 DBS CERTIFICATE SENT TO EMPLOYEE 8.1 Only Since June 2013 a copy of a DBS check is no longer provided to the employer. This means that Head Teachers will have to obtain sight of the DBS certificate directly from the employee or applicant. If there is an adverse disclosure the Head Teacher must complete the risk assessment at Appendix 1 to confirm continued suitability for the post. 3

4 9.0 DBS ONLINE UPDATE SERVICE 9.1 The DBS has launched a new update service with effect from 17 June This is a new subscription service that allows individuals to keep their DBS certificates up to date so they can take it with them when they move jobs or roles. This only applies to DBS checks submitted after the 17th June The applicant and employees are responsible for registering for this service and there is an annual fee (currently 13), for maintaining this service. Employees and applicants are not required to subscribe to the update service. Where an employee or applicant has subscribed, the Head Teacher will carry out an online check to see if any new information has come to light since the last DBS Certificate was 7 issued, this is called a status check. 9.3 However in order to carry out the check the Head Teacher MUST follow the guidance shown below: Obtain the employee or applicant s consent either verbally or in writing; Have sight of the original certificate to check that it is the same type and level that is required for their current role; as this is all you are legally entitled to check; Check the person s identity; Check the name on the DBS Certificate matches the identity; Note the DBS Certificate reference number, the person s name and date of birth. 9.4 If a different type or level of check is required or if the status check indicates that there has been a change, a full DBS Disclosure check will be required. There is no registration process or fee for employers to check a certificate but the employer must be legally entitled to carry out a check and have the workers permission. 9.5 The detailed guidance for employers can be found on the DBS web site The outcome of a valid Status check will be one of the following: This Certificate did not reveal any information and remains current as no further information has been identified since its issue. This means that the individual s Certificate contains no criminality or barring information and no new information is available. This Certificate remains current as no further information has been identified since its issue. This means that the individual s Certificate did contain criminality or barring information and no new information is available. This Certificate is no longer current. Please apply for a new DBS check to get the most up to date information. This means that the individual s Certificate should not be relied upon as new information is now available and you should request a new 10.0 ADVERSE DISCLOSURES 10.1 Having a conviction will not necessarily bar someone from employment with the school. The school will only take a criminal record into account when the conviction is relevant. Protection of the applicant s rights and interests must be weighed against the rights and interests of service users, employees and the public If a DBS check reveals details of convictions which may render the applicant or employee unsuitable for the post, advice must be sought and a risk assessment must be undertaken, please find a risk assessment pro-forma at Appendix FIXED PENALTY, CONVICTIONS AND CAUTIONS DURING EMPLOYMENT 11.1 If an employee receives a fixed penalty, caution or conviction during their employment which could have an impact on their suitability to perform their job role they must immediately disclose it to their Headteacher who should complete the risk assessment pro-forma at Appendix 1. HR advice must be sought in order to help determine continued suitability for the job role where there is a concern regarding suitability. 4

5 11.2 If an employee does not disclose receipt of a fixed penalty, caution or conviction to their Headteacher and at a later date the Headteacher becomes aware of this, an investigation may be undertaken in accordance with the school s Disciplinary Policy If the employee is in a notifiable occupation; which is the case for all school jobs, the police will provide details to the Local Authority of any relevant cautions or convictions. This will usually result in an investigation being undertaken Where the school becomes aware of a fixed penalty, caution or conviction which could have an impact on the employee s suitability for a job role, consideration should also be given to suspension from the current post and/or alternative duties whilst an investigation is carried out PROHIBITIONS ORDERS 12.1 The School Staffing (England) (Amendment) Regulations 2013 have included the following paragraphs in the regulations: 4A. In relation to each member of staff appointed on or after 2nd September 2013, whether a check was made to establish that the person is not subject to a prohibition order or interim prohibition order 5A In relation to any person supplied by an employment business on or after 2nd September 2013, whether a check was made to establish that the person is not subject to a prohibition order or interim prohibition order 12.2 Therefore it is a requirement of the employer that before an appointment of a teacher is made that the necessary enquiries are made to ensure that the teacher is not included on the list of prohibited teachers before the offer of appointment is made In addition to the Barred List schools must also check The Prohibited List which is administered by the NCTL and can be accessed by current and prospective employers of school staff via the Employer Access Online System. This service also provides information about any teacher qualification held and whether induction has been passed. The service is offered free of charge to schools, local authorities and teacher supply agencies in England A record of the prohibited list check must be recorded on the schools single central record. The Education Act 2011 gives responsibility to the Secretary of State to regulate teachers conduct and to hold a list of teachers who have been prohibited from teaching A prohibition order is likely to be appropriate when a teacher s behaviour has been fundamentally incompatible with being a teacher. The order is to protect pupils and maintain public confidence in the teaching profession It is a life time ban, though in some circumstances the teacher may be able to have it reviewed after a specified period of time A prohibition order can apply for other instances of professional conduct other than child protection issues i.e. violence, fraud, drug involvement, theft etc. Further advice in relation to Teacher misconduct the prohibition of teachers can be sought from the Department of Education web site COMMENCEMENT OF EMPLOYMENT PRIOR TO DISCLOSURE 13.1 A Disclosure should be obtained before an individual starts work Where it is essential to engage an employee or volunteer prior to the receipt of a Disclosure a written risk assessment at Appendix 2, must be completed In all cases an Enhanced Disclosure must have been applied for and all other recruitment checks completed. Where there is no current DBS certificate, arrangements must be put in place to ensure the individual has no unsupervised contact with children or vulnerable adults until such time that the Disclosure is received 14.0 APPLICANT S RIGHT TO CHALLENGE DISCLOSURE 14.1 Content of a DBS certificate can be challenged or disputed if it contains an error, or inaccurate or irrelevant information. 5

6 14.2 Challenges and disputes should be made immediately by contacting the DBS and should be raised within 3 months of the date of issue on the certificate The applicant, or a person who has a legitimate interest in the accuracy of a certificate such as the counter signatory; employer; or licensing authority may raise the dispute after discussing the reasons for the dispute with the applicant If the disputed information could exclude an employee from their post they should be given an opportunity to dispute the information with the DBS. If appropriate it may be necessary to arrange alternative duties or suspension until this is resolved Referral to the DBS 15.1 Where an employee is dismissed or removed from regulated activity or resigns before any dismissal or removal because they have harmed or posed a risk of harm to a child or vulnerable adult, the Employer has a legal duty to refer the person to the DBS The DBS can make barring decisions about people who are referred to it (usually following a disciplinary process) with the possible consequence of the person being barred from working or volunteering with children and/or vulnerable adults. Consequently: the Hearing Officer in any disciplinary hearing must consider whether the conduct requires a DBS referral; or where there is a resignation prior to the conclusion of any disciplinary proceedings, the Headteacher must consider whether a DBS referral is required; or where an employee becomes aware of any conduct which could require a referral they must report it to their Headteacher The Headteacher will then determine what action is required including whether a DBS referral is required. The HR Advisory Service should be informed of any decision to make a DBS referral An HR Business Partner will complete the first draft of the DBS referral form as soon as possible and within 2 weeks of the decision to refer The Headteacher will then complete and check the referral form particularly with reference to the reasons for concern and evidence base for the referral. The completed form must be returned to HR as soon as possible and within 2-10 weeks On receipt of the completed form the HR Business Partner will make the referral and inform the Headteacher of the date it is made. HR will liaise with the Headteacher to ensure that the referral is made as soon as possible and within a maximum 4 week period. If the school believes an employee or volunteer has committed a criminal offence, information may be passed to the police SAFE RECRUITMENT AND SAFEGUARDING 16.1 DBS checks are just one aspect of safe recruitment and safeguarding and the DBS check itself is only a snapshot in time of a person s criminal record. HR Briefing 9 Recruitment and Selection Guidance for Schools provides further advice and guidance to schools/academies on the whole recruitment process and includes the below essential arrangements for safeguarding: Safe recruitment identity checks, reference checks, face to face interviews; Safe working practices vigilant and ongoing day to day management; Training and awareness ensuring employees are appropriately trained and aware of safeguarding issues; Confidential reporting procedures to ensure that employees are able to express any concerns they may have. 6

7 17.0 AGENCY WORKERS 17.1 Where an Agency Worker is working in a post which would require a DBS disclosure, the Headteacher must ensure that the Agency Worker has the appropriate DBS check, and a prohibition order check, for the post and has had sight of the disclosure CONTRACTERS AND VISITORS TO PREMISES 18.1 Due to the new definitions of regulated activity, contractors and other visitors to premises where children and vulnerable adult services are provided are unlikely to have or be eligible for a DBS Disclosure. It is therefore essential that appropriate supervision is provided to contractors/visitors and unsupervised contact with children and vulnerable adults is avoided Safer working practices should be adopted including signing in and out of the premises; displaying visitor badges; carrying out work out of hours where possible; and provision of any relevant policies and procedures to be complied with during the period visiting the premises. Other officers of the Local Authority i.e. Health & Safety representatives, HR Officers, Finance Officers; School Improvement Advisers etc. no longer qualify for DBS clearance as they do not have unsupervised regular access to children and therefore appropriate supervision and the normal risk assessment that applies to all visitors while they are on school premises, is sufficient GOVERNORS 19.1 All Glebe governors will be required to undergo an enhanced DBS check VOLUNTEERS 20.1 Volunteers who work in a regulated activity area will be required to undergo an enhanced DBS check, this can be obtained free of charge GENDER RECOGNITION CERTIFICATES 21.1 The Gender Recognition Act 2004 allows transsexual people who have undergone gender reassignment to apply for a gender recognition certificate When a full gender certificate has been issued, the person is legally considered to be of the acquired gender If the person is required to undergo a DBS check as part of the recruitment process they must disclose any previous names and/or gender to the DBS who have established a special application procedure to maintain confidentiality ( sensitive@dbs.gsi.gov.uk or telephone ) Gender confidentiality will be maintained where the individual has no criminal convictions and where there is no other information held by any Policy Authority, as a clear Disclosure certificate is the ultimate result. However, if they have convictions under their previous gender that were considered relevant to the position, then the individual s gender change would become evident through the provision of conviction information on the DBS Disclosure certificate showing both gender names Handling of DBS Certificate Information 22.1 Once the retention period has elapsed, we will ensure that any DBS certificate information is immediately destroyed by shredding The school will comply with the requirements of the DBS in the secure storage, handling, use, retention and disposal of certificates and certificate information. Please see Appendix 5 for further information However, notwithstanding the above, we keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, and the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken. 7

8 23.0 DBS DISCLOSURE AND DBS BARRED LIST PROCESS 23.1 The School follows the recruitment procedure as laid down in the DfE Children s Safeguarding Guidance for paid workers and volunteers Recruitment Documentation (Staff) Job Advert/Supporting Information includes the following statement: Glebe Primary School is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share this commitment. It also clearly states that the post is subject to a DBS Barred List and DBS Disclosure check Documents issued to applicants include: an Application Form that complies with the requirements laid down in the DfE s Safeguarding Children Guidance; a job description and person specification clearly stating the individual s responsibility for promoting and safeguarding the welfare of children and as essential criteria, a satisfactory DBS Disclosure check and a DBS Barred List check (where appropriate) Shortlisted candidates are required to fill in a form to declare their unfiltered criminal record (Appendix 6) Recruitment Documentation (Volunteers) Documents issued to any prospective volunteer who will be working regularly in the school includes the statement: Glebe Primary School is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share this commitment. It also clearly states, where appropriate, that the role is subject to a DBS Disclosure check and a DBS Barred List Check PROCESSING OF DBS DISCLOSURE APPLICATIONS FOR NEW STAFF 24.1 Before asking the applicant to complete a DBS Disclosure Application form, the School will check the portability of any existing DBS Disclosure Certificate; or, where there is no portability then check with the applicant whether they are subscribed to the DBS Update Service. If they are subscribed the school will request that an on-line Status check be carried out. The school must have the applicant s consent for the Status check to be carried out If the individual does not have a portable DBS Disclosure or has not subscribed to the DBS s Update Service or has subscribed but a check using this service reveals that the individual s DBS Disclosure is not current, they must be asked to apply for a DBS certificate The school will issue the successful applicant or volunteer with relevant guidance on how to complete the DBS Application on line at the time they are provisionally offered the position The successful applicant or volunteer must complete the DBS Disclosure application form, along with appropriate evidence of identification to the school. The School will check the proofs of identity Once the DBS Disclosure application is processed by the DBS a Disclosure Certificate will be issued The school recognises that there may be occasions when an applicant wishes to dispute the contents of the DBS Disclosure. In such cases a recruitment decision will not be finalised until the outcome of the dispute is known DBS DISCLOSURE CHECK AND A DBS BARRED LIST CHECK FOR EXISTING STAFF 25.1 The school may deem it necessary to carry out a DBS Disclosure re-check on an existing staff member where information comes to light or the circumstances are judged by the Headteacher to warrant a re-check It may be necessary to carry out a DBS Barred List check where information comes to light or the circumstances are judged by the Headteacher to warrant a re-check. 8

9 25.3 In these circumstances the Headteacher should arrange for a notification letter to be issued to the individual with guidance on how to complete a DBS application form Where an individual does not give their consent to a DBS Barred List check and/or a DBS Disclosure check being made, the Headteacher / relevant manager will provide the opportunity for the worker to discuss the matter. If, despite such discussions, the worker still refuses to cooperate the school reserves the right to move the individual to a position which does not require a DBS Barred List Check and/or a DBS Disclosure check or where a suitable alternative position does not exist, to terminate the individual s employment/supply/casual or voluntary work RECEIVING AN UNSATISFACTORY DISCLOSURE 26.1 New Staff Where the disclosure certificate reveals a criminal record the applicant must not under any circumstances be permitted to commence working until the three steps below have been followed. If they have been allowed to commence work prior to the DBS check being completed they must be removed from that work immediately. They must only be allowed to commence/recommence work when the Headteacher determines, as a result of the steps outlined below, that it is appropriate for them to do so. Step 1 Headteacher to discuss the DBS Disclosure content with the applicant before any recruitment confirmation is made. The purpose of this discussion will be to obtain further relevant information from the applicant to enable the Headteacher to make an informed decision regarding the applicant s suitability for the position applied for. Step 2 Headteacher to complete a Suitability Pro Forma recording relevant information relating to the applicant s criminal record and the final decision regarding their suitability for the position applied for. The Suitability Pro-Forma will need to be signed off by the Headteacher and countersigned by the Chair of Governors. Where a decision is taken not to recruit based on an unsatisfactory DBS Disclosure, the Suitability Pro-Forma will be retained by the school along with the candidates completed DBS Disclosure Application for up to a period of six months after which they will be destroyed in an appropriate manner to ensure confidentiality Existing Staff Should a disclosure containing relevant convictions/other information be received for an existing employee which calls into question their suitability for employment with children, the Headteacher will consider whether it is necessary to suspend the employee or temporarily moving the employee to an alternative role which does not involve working with children pending a disciplinary investigation. Where an investigation finds evidence to call into question the employee s suitability, a Disciplinary Hearing should be convened to consider the employee s employment position with the school Where, following an investigation, a decision is taken to dismiss or remove an individual (paid or unpaid) from working in regulated activity, the school will contact the Local Authority Designated Officer (LADO) to determine whether a DBS referral is appropriate INCLUSION ON THE DBS CHILDREN S AND/OR VULNERABLE ADULTS BARRED LISTS 27.1 Barred Persons It is a criminal offence for a person who is barred from undertaking regulated activity to knowingly apply for, offer to do, accept or undertake regulated activity work, paid or unpaid. Similarly it is an offence for the school to offer a position which involves regulated activity to any person whose name is included on the relevant DBS Barred List. If such a person inadvertently applies for, offers to do, accepts or undertakes any such work he/she should bring the fact immediately to the attention of the Headteacher Where the DBS Barred Check reveals the inclusion of a person on the relevant DBS Barred List: 9

10 the Headteacher will arrange to discuss the matter with the person before any final decision is made regarding the person s suitability for the position applied for. If the person believes the information provided by the DBS to be incorrect regarding their inclusion on the DBS Barred List they should contact the DBS who will be able to provide them with details of the DBS disputes procedure. The final recruitment decisions should be deferred until the outcome of the disputes process is known While any dispute is being resolved the applicant will not, under any circumstances be permitted to commence working and, in those instances where an individual has commenced work prior to the DBS Barred List check being completed, they will be removed from that work with immediate effect If the applicant accepts their inclusion on the DBS Barred List or the dispute is resolved to the effect that they are rightfully included on the list, they will be informed that any provisional offer of work (paid or unpaid) is withdrawn. the Headteacher will notify the DBS and the police 28.0 CHECKING OF OVERSEAS APPLICANTS 28.1 The Disclosure and Barring Service can only access criminal records (convictions, cautions, reprimands and warnings) held on the Police National Computer (PNC) in England, Wales, and those recorded from Scotland. There is also some Northern Ireland conviction data held on the PNC. If an applicant is undertaking regulated activity or is assessed as needing to have an enhanced DBS check and is living or has lived for a substantial period overseas, the DBS criminal Records check may not provide a complete picture of their criminal record, if they have one. In these circumstances and in addition to a DBS Disclosure check, a criminal records check, certificate of good conduct or equivalent should be sought from the overseas country in which the applicant has been or is living RECORDING AND MONITORING 29.1 The school will retain computerised records of the following information in respect of Disclosure Applications:- Name of applicant Unique number of disclosure Position applied for Type of Disclosure (Enhanced) Confirmation of DBS Barred List check requested (where applicable) Date application received into Personnel Service Date application forwarded to DBS Date of issue of Disclosure Certificate Date School was notified of disclosure information provided by DBS Details of recruitment decision/ name of relevant officer making recruitment decision 29.2 Glebe school will also retain computerised records of the results of Status Checks made using the DBS s Update Service where applicable The retention of this information will ensure that all DBS disclosures can be tracked through the system EQUALITY OF OPPORTUNITY 30.1 Glebe Primary School is committed to equality of opportunity extends to applicants with a criminal record THE RIGHTS OF EVERY CHILD 31.1 Every pupil learns to respect each other s rights in line with the UNHCR Rights of the Child. 10

11 31.2 Teachers respect the rights of each child. Rights Respecting language is universal and is encouraged both in the classroom (linked to the curriculum) and outside REVIEW Date of Policy: March 2014 Date of Review: March 2017 Date of Next Review: March 2020 APPENDIX 1 DBS - Cause for Concern Risk Assessment Pro-forma Please complete this form fully. You must seek advice from an HR Business Partner, as it will form the basis of a decision to appoint where an adverse disclosure has been identified on a returned DBS check. Name and Position of Member of Staff Completing Risk Assessment: Name of Applicant: Position Applied For: Service Area: Date of Risk Assessment: Questions Does the applicant meet all the essential criteria for the post in terms of skills, knowledge, experience and ability? The country in which the offence was committed e.g. some activities are offences in Scotland and not in England and/or Wales and vice versa. Whether the offence has since been decriminalised by Parliament. What was the nature of the crime, when did the relevant offence(s) occur e.g. less/more than two years ago, what were the circumstances involved and what was the sentence? Do the matters disclosed form any pattern? Was the offence a one-off, or part of a history of offending e.g. is the offence likely to reoccur? What is the seriousness of the offence(s) and relevance to the safety of other employees, customers, service users and property? Are there any assessments and reports from those agencies involved in the applicant s process of rehabilitation e.g. probation service, 11 Comments

12 specialists working in prison, other agencies? Are the type and/or nature of the offence(s) directly relevant to the post? What is the nature of the contact the applicant will have with children/adults/the public and how vulnerable are they? Was the relevant offence committed at work (either paid or unpaid work)? Does the job present any opportunities for the applicant to re-offend in the place of work? Are there any mitigating circumstances e.g. any relevant information offered by the applicant about the circumstances that led to the offence being committed e.g. the influence of domestic or financial difficulties? Has the applicant s circumstances changed since the offence was committed, making reoffending less likely (e.g. improved personal circumstances, drug addiction therapy etc.). Can the applicant demonstrate any efforts not to re-offend? i.e. rehabilitation course What level of and how much supervision is available to the applicant? Can any safeguards be implemented to reduce/remove any risk e.g. no unsupervised contact? Additional comments from the Headteacher Headteacher Signature: Date: Outcome of Risk Assessment: 12

13 APPENDIX 2 Risk Assessment Employees Starting Work before an Enhanced DBS Check is Returned Name of Headteacher..... Name of Applicant..... Position Applied For... Date of Risk Assessment Questions Comments Is this post eligible for a Barred List Check? If No, then sign off will be required by an appropriate Head of Service on the completion of this form Yes (go to Q.2) No (go to Q.4) before the applicant may start in role. Has the Barred List check been undertaken if applicable? If applicable and the Yes No answer here is no then this must be undertaken Is the applicant barred from working with Children/Adults? If Yes end Yes No process now. Have all Pre-employment checks been undertaken including: Yes No References checked and verified. Application form checked and all breaks in employment and or training are accounted for. Identity has been validated Has a correctly completed DBS check application form been sent to DBS? Yes No What level of and how much supervision is available to the applicant from an appropriately qualified and experienced member of staff? Can any safeguards be implemented to reduce/remove any risk e.g. no Yes No unsupervised contact? Has the applicant advised of any disclosures that the DBS check will show? If Yes No so, what is the impact of these see Appendix 1: Cause for Concern Risk Assessment Pro-forma Any questions/additional comments from the applicant? Declaration by applicant and any additional comments in support of an employee starting work before an enhanced DBS check is returned: 13

14 I understand that if I am allowed to start work before my enhanced DBS check is returned it is subject to the information I have supplied and that this is complete and correct. False information, or a failure to supply the details required could lead to a withdrawal of the offer of employment. Signature:.. Date. Outcome of Risk Assessment (delete as appropriate): Allow employee to begin before the enhanced DBS is returned? Yes No Please state (if applicable) whether approval is dependent upon conditions being met, such as recommendations, restrictions or safeguards to be implemented by the employing service Signature of Headteacher: APPENDIX 3 Policy Statement on the Recruitment of Ex-offenders This policy is available to all Disclosure applicants from the outset of the recruitment process. Glebe Primary school complies fully with the Code of Practice and undertakes to treat all applicants for positions fairly. It undertakes not to discriminate unfairly against any subject of a DBS check on the basis of a conviction or other information revealed. Glebe Primary School is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependents, age, physical/mental disability or offending background. We actively promote equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience. DBS checks will form part of the recruitment process and we encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process. We request that this information is sent under separate, confidential cover to a *designated person within the school and we guarantee that this information will only be seen by those who need to see it as part of the recruitment process. The *designated person in Glebe Primary school is: The Head Teacher School Bursar/Manager Lead Safeguarding person of selection panel Unless the nature of the position allows the school to ask questions about your entire criminal record, we only ask about unspent convictions as defined in the Rehabilitation of Offenders Act We ensure that all those who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act Advice will also be sought from the schools HR Advisory Service where appropriate. At interview, or in a separate discussion, we ensure that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment. We undertake to discuss any matter revealed in a DBS check with the person seeking the position before withdrawing a conditional offer of employment. 14

15 APPENDIX 4 WHEN DOES A SCHOOL NEED TO REQUEST A DBS CERTIFICATE? Type of employment (for all staff) Current position New Appointments If registered with the DBS on-line service a status check is carried out plus DBS check must be undertaken The risk assessment form at Appendix 3 and a barred list check carried out if the employee starts work pending receipt of a DBS check NQTs If there is no break in service following the training, and they have been checked previously by the college they can start if they have: registered with the DBS on-line service and a satisfactory status check has been carried out pending the receipt of the enhanced DBS check. a clear Barred List check if no DBS certificate in place and Headteacher must do a risk assessment at Appendix 3 Appointments from another maintained school If there is no break in service and they have a current appropriate level certificate they can be appointed without a new DBS. Appointments from another Local Authority If there is no break in service when they move from another Local Authority, and they have a current appropriate level certificate they can start pending: on-line status check if registered receipt of the enhanced DBS If not registered the school must have seen their previous DBS check and the Head Teacher carries out the risk assessment at Appendix 3 and barred list check. Appointment from overseas DBS check required. In addition the teacher 15

16 should provide a certificate of good conduct/repute/police certificate. Status Check through the DBS on-line system if registered OTHER Parent volunteers/other volunteers If registered with the DBS, on-line service a status check or a DBS check if working regularly in a school. One off occasion does not warrant a check but they must be supervised. If a volunteer is subsequently offered paid employment a further DBS check must be obtained. APPENDIX 5 Handling of DBS certificate information Secure storage, handling, use, retention and disposal of Disclosure and Barring Service (DBS) certificates and certificate information General principles As an organisation, using the Disclosure and Barring Service (DBS) checking service to help assess the suitability of applicants for positions of trust, this school complies fully with the Code of Practice regarding the correct handling, use, storage, retention and disposal of certificates and certificate information. It also complies fully with its obligations under the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of certificate information and has a written policy on these matters, which is available to those who wish to see it on request. Storage and access Certificate information should be kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties. Handling In accordance with section 124 of the Police Act 1997, certificate information is only passed to those who are authorised to receive it in the course of their duties; it is a criminal offence to pass this information to anyone who is not entitled to receive it. In this school the following positions will be handling DBS certificates: The Head Teacher School Bursar/Manager Usage Certificate information is only used for the specific purpose for which it was requested and for which the applicant s full consent has been given. Retention Once a recruitment (or other relevant) decision has been made, we do not keep certificate information for any longer than is necessary. This is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep certificate information for longer than six months, the school will consult the DBS about this and will give full consideration to the Data Protection and Human Rights of the individual before doing so. Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail. Disposal Once the retention period has elapsed, we will ensure that any DBS certificate information is immediately returned to the applicant who will be asked to sign a receipt. Any other DBS 16

17 certificate information will be destroyed by secure means, i.e. by shredding, pulping or burning. While awaiting return or destruction, certificate information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack). We will not keep any 19 photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, notwithstanding the above, we will keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken in accordance with the completion of the schools single central record. 17